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Witness Testimony of Bruce McCartney, Midway, GA (Veteran)

EXECUTIVE SUMMARY

I enrolled in the VA Independent Living Program (ILP) November 2003.  Four plus years later, after constant emails, phone calls and inquiries, the process was completed.

Many other disabled veterans (Vietnam and OIF) are having similar issues as the ones I faced trying to get assistance with the ILP.  The issues appear to be lack of understanding of the program by local case managers, lack of transparency (where is the paperwork in the process), lack of assistance (took months to get a reply), lack of oversight and auditing (took over four years to complete this application and that does not include a proper post-project dialogue) and pass the buck syndrome (inquiries to higher command are met with auto reply emails/letters that led to no solutions).

The issues with ILP appear systemic as the Director’s office, The Inspector General’s Office, Regional Headquarters, and local case managers either can not provide adequate answers to the veterans they are assisting or do not respond to inquires for assistance.

The ILP is a great concept, but is poorly advertised and has weak follow through; much like a train that has to be pushed by its passengers.


My name is Bruce McCartney.  In 1986 I was medically retired from the United States Army under Chapter 61 after 17 ½ years of active duty service.  I served four tours in Vietnam as a DUSTOFF and combat medic.   It was my job to go to the wounded soldier who’d walked into a mine or was laced across the gut with an AK-47 and try to keep them alive until we could get them to the hospital.  I wasn’t always successful, but more often than not death was cheated of another victim.

There seemed to be little trained and experienced assistance available to transition the disabled combat veteran from military service to civilian life, although today that appears to be vastly improved.  On the 15th of January you’re a HERO, on the 16th of January you’re a ZERO unaware of the myriad of programs available from the VA to assist your broken body and soul.  To try and regain some semblance of normalcy to a life that was disrupted by the bane to mankind we know as war was relegated to fate.  If, per chance, you met or heard about a veteran who had acquired a particular VA service or program then you applied.  Other than that, there was not much assistance offered by many of the VA counselors or employees.

I am one of the fortunate.  Or so I thought.  Had I known when I applied for the Independent Living Program (ILP) in November 2003 that it was leading me head-on into a four year nightmare that would affect me both mentally and physically, I would not be testifying before this committee.

In 1990, I was advised by the Savannah Vet Center to apply for Voc Rehab services.  I met with a case manager, was aptitude tested and advised to seek a vocation as a teacher or registered nurse.  With my experience in combat medics he recommended the nursing course.  Unfortunately, due to my disabilities, my education was sporadic at best and disruptions were the norm.  After many counseling sessions with him his final statement (in 1995) to me was, “if you ever get straightened out, come back and see me”.  I languished for years outside the VA system, much like untold numbers of disabled veterans even as we speak.

October 2000, fate knocked on my door.  It was during the filming of the documentary “In The Shadow Of The Blade” that I was reunited with my friend and fellow DUSTOFF medic from Vietnam, Jake Bailado.   He told me about a cousin who was also a disabled Vietnam veteran who applied for ILP.  They assisted him in obtaining a small tractor to help him work his farm.

After several years of continuous treatment with a civilian therapist, I met with Voc Rehab counselor Tina Hutchison in Savannah to apply for ILP.  My goal was to see if VA could assist me in obtaining an interest free loan to replace my antiquated tractor so I could cultivate my 9 acre property.  Ms Hutchison advised me that my goal was out of the question, but ILP would in fact assist me with acquiring a greenhouse.

The following is a 4 year recap of my ILP gone awry:     

Nov 03 – Met with VR&E counselor (Tina Hutchison) in Savannah, GA.  Applied for Independent Living Program (ILP).

1/26/04 – Got email reply saying ‘wheels in motion’

3/2/04 – Requested situation report (SITREP)

5/5/04 – Received reply to the above request (almost 2 months to the day) ‘ I have contacted an ILP contractor to come to this area and do an ILP assessment for 3 vets, including you…’

6/23/04 – Interviewed with Jennifer Johnson, ILP contractor from Atlanta

6/24/04 – Provided email response to Johnson’s request for more info.

7/27/04 –Received email request for a SITREP from Johnson

7/27/04 – Replied to above from Johnson.  ‘I sent my report to Tina Hutchison several weeks ago.  Now it’s in the hands of Tina…’

12/20/04 –Received phone call from Hunter Ramseur (another VA consultant from Atlanta who figured he’d get some interviews done while in Hilton Head Island, SC).   He came to the house for interview.  Hunter requested some documents with a promise to return them upon his arrival to Atlanta.  Have yet to receive them.

3/4/05 – Telephonically requested SITREP from Hutchison.  Her reply - ‘just got new guidelines, will know something very soon’.  Also advised her about documents given to Ramseur not returned.  Hutchison promised to get in touch with him and have them returned.

5/16/05 – Emailed Hutchison a request for SITREP. Also advised her still nothing back from Ramseur.

9/22/05 – No contact from anyone (va or consultant) for more than 6 mos now since telephonic conversation 3/04/05.  Emailed Hutchison a request for SITREP.

12/5/05 – Still no contact from anyone.  Emailed  Hutchison. 2nd anniversary has now come and gone.  Is there really an IL program?  Is Hutchison still working in Savannah? Hello. Is anyone out there?

12/6/05 – Emailed complaint to Inquiry Routing & Information System (IRIS)

12/6/05 – Received email from Hutchison. ‘sorry… have scheduled appointment for 15 dec’

12/7/05 – Receive response from IRIS above. “after discussing your case with Ms. Hutchison, she reports that due to her current caseload it has been difficult to complete a specific proposal for your ILP and meet other demands on her time.  She now has the information from the 2 contractors…”

12/7/05 – Replied to Ms. Hutchison email ‘0900 will be fine’

12/15/05 – Arrived in Savannah VA office at 0850 for appt.  Checked in with front desk.  At 0930 Ms. Hutchison asked if I have an appt.   Felt like another bs meeting.  Was given another orientation sheet (NOTE: orientation sheet is given to all first time VA applicants).  Told me Hunter had recommended concrete floor greenhouse with elec/water/etc.  Now she had all the recommendations she would forward to whomever to get final approval

2/2/06 – Emailed MS. Hutchison asking for SITREP.

2/7/06 – Sent another inquiry to IRIS again…no reply

2/21/06 – Sent another inquiry to IRIS about 2/7/06 inquiry

2/22/06 – Received reply from IRIS. “…request has been sent to Mr. Ramseur to provide information…, I encourage you to keep in contact with Hutchison…”

2/23/06 – Responded to IRIS’s response. “…after I met with Hutchison 15 dec she told me she had ALL the paperwork she needed… and I have sent Hutchison 10 emails with only 2 replies and 3 phone messages – 0 returned…

2/24/06 – Emailed Hutchison with the information outlined in IRIS response of 2/23/06.

2/24/06 – Received email from Hutchison stating she had contacted Ramseur (AGAIN?) for the info from him. 

2/27/06 – Received follow up from IRIS.  “she is communicating with you directly…,  please continue to work with her to complete a plan of service.”

3/27/06 – Emailed Hutchison requesting SITREP- “we are going on just about 2 ½ years since this process was started and I think that’s a little excessive.”

3/31/06 – Received email from Hutchison. “Proposal has been sent to Atlanta for review/approval.  …am looking primarily at the 8’ x 10’ size range…”.

4/1/06 – Replied to Ms. Hutchinson email acknowledge receipt of her email of 3/31/06.  Requested copies of Johnson/Ramseur reports. 1st request for Johnson/Ramseur reports.

5/11/06 – Emailed Hutchison for SITREP and 2nd request for Johnson/Ramseur reports.

5/19/06 – Received email from Hutchison “final approvals have been received.  I am looking for providers and contractors…, Request for information from your file have to go through the freedom of information office in Atlanta and must be in writing.  If you need I can get you an address.”

5/19/06 – Emailed Hutchison for address.  3rd request for Johnson/Ramseur reports.

6/6/06 – Since received no reply with address, sent written request for information from my file to Ms. Hutchison office via certified mail.   4th request for Johnson/Ramseur reports.

6/7/06 – Ms. Hutchinson’s office received certified mail on 1:55pm, June 07, 2006 per USPS.

7/28/06 – No reply in over 60 days.  Emailed Hutchison again for information/address.

5th request for Johnson/Ramseur reports.

7/28/06 – Received email from Hutchison “I’m off on Monday so I will call you on Tuesday”.

7/31/06 – Stayed in house all day to receive call.  Call never came.

8/1/06 – While at a doctor’s appt, Ms. Hutchison calls and leaves msg, “I’m returning your call”.

8/2/06 – Emailed Ms. Hutchison again ask for SITREP and status of requests for Johnson/Ramseur reports.  6th request for Johnson/Ramseur reports.

8/7/06 – Emailed Hutchison “did you forward the request for consultant reports I sent you…7th request for Johnson/Ramseur reports.

10/30/06 – Met with Congressman Barrow’s Legislative Assistant in Savannah regarding lack of response with VA ILP.

10/30/06 – Upon return from Congressman Barrow’s LA called VR&E Regional office in Atlanta.  After short recap of situation, was advised to FAX a request for another voc rehab counselor if I was unhappy with Ms. Hutchison.  With that answer it appeared to me the problem was not only with Hutchison but in fact was systemic (approx 3 years of issues with no real answers from VA counselor, IRIS, and ATL regional office)

10/30/06 – Mailed request IAW FOIA to VR&E Regional office, Atlanta, GA.  This is the same request asked of Hutchison on 7 previous occasions (via cert mail).

11/6/06 – Mailed entire 40+ page packet of entire experience with ILP to VA Inspector General (IG).

11/9/06 – Certified mail delivered Decatur VR&E office 7:47am, 11 NOV 06.

12/12/06 – Received phone call from Congressman Barrow’s LA.  Says he was advised that since some of my disability is for PTSD, VA will not release any information from my files to me, but will release them to my therapist.

12/12/06 – Advise Karla Hillen (therapist of 7 years) of situation.  She requested I sign release of records form.  Went to her office and sign forms.

12/13/06 – Therapist requested release of info from Hutchison/regional office.

1/26/07 – Received call from Ms. Hutchison.  Says got final approval (AGAIN???) and is going to turn entire packet over to Hunter Ramseur when he comes to Savannah next Tuesday.  He will again come out to house for prelim survey, negotiation and coordination for project completion.  Additionally she states she will mail me documents for signature/return……

1/29/07 – Received packet from VA IG. “Unfortunately, we are unable to take action on your correspondence as it is unclear exactly what you are alleging and why you are requesting OIG involvement.  We ask that you summarize the 48 pages…”.

2/5/07 – Received call from therapist.  They’ve received Johnson/Ramseur reports.  Received 11 pages via fax.  Both reports recommendation similar.  Still no word from Ramseur.  Included is application approval from Grant Swanson VR&E Regional Office.  DATED 4/3/06.  NOW ALMOST ONE YEAR SINCE APPLICATION WAS APPROVED WITH STILL NO ACTION BEING TAKEN; THREE YEARS PLUS SINCE INITIAL APPLICATION WAS SUBMITTED 

2/15/07 Haven’t heard a word from Hutchison or Ramseur.  Received nothing in mail from Hutchison.  Will fax summary back to IG office today.

2/15/07- Faxed summary back to IG office

2/19/07 – Johnson/McCartney/Singleton (another veteran having problems with ILP) met with Congressman John Barrow in his Savannah office.  This and other veteran issues are discussed.  Congressman agreed to provide letter of endorsement on package to be sent to veteran affairs committee members.

3/1/07 – Received email from Ms. Hutchison asking if I received paperwork she allegedly mailed for signature/return.

3/1/07 – Replied to Ms. Hutchison’s email “on 1/26/07 you stated Ramseur would be picking up packet and would be in contact with me.  Also that you would mail documents for signature.  I have not heard from Ramseur or received anything from you”.

3/2/07 – Ms. Hutchison read above email (according to Read receipt on email).

3/18/07 – Received letter from IG.  ‘We have opened a case…

4/3/07 – NOW ONE YEAR ANNIVERSARY OF APPLICATION APPROVAL FROM ATLANTA (4/3/06) AND STILL NOTHING.

4/12/07 – Received call from Ramseur stating he was just given case file and would like to come down to meet getting the project underway.  I asked him why it took him so long to get in touch he wasn’t sure to what I was referring.  Then I advised him that on 26 Jan 07 Hutchison called me and advised he would pick up my packet from her in be in touch shortly.  He assured me he had no such knowledge thereof and in fact had just been contacted by the Director to take over this project and get completed ASAP.

4/16/07 – Receive letter from L.R. Burks dtd 4/10/07 apologizing for the delay and provided excuses for what had (actually had not) transpired.  Stated that procedures were put into place to prevent future occurrences.

4/18/07 – Replied to Burks letter.

4/24/07 – Received reply from Burks “…respond more rapidly more effectively to your needs as well as other veterans…”.

SEE ALL EMAILS FOR UPDATE.

12/3/07 – 1405 hrs,  Received message on answering machine from Amy Thompson, assistant VR&E director in Atlanta

12/3/07 – 1520 hrs, Returned call and left msg on voice mail

12/4/07 – 0810 hrs, Returned call and left msg

12/4/07 – 1030 hrs, Returned call and talked to Amy.  She stated she would like to help me address some of the concerns I addressed to Director Fanning.  Gave a recap and sent her copy of my recap.  She will read and call back.

12/4/07 – 1710 hrs, Amy calls and again apologize for shoddy treatment.   States one thing for certain “authorization for payment for electrician was completed today and he should receive payment in 7 - 10 days”.  I find this incredulous because I have email from Hunter Ramseur 11/16/07 stating the same thing.  APPARENTLY SOMEONE IS NOT DOING THEIR JOB AND TELLING FALSEHOODS TO COVER IT UP…….AGAIN…Sent copy of Hunter’s email to her.  She explained that apparently someone doesn’t understand the payment process is a 2 step process – Step 1 Approve at Regional Office.  Step 2 Forward to Austin for payment.  SEEMS TO ME IN ALL ACTUALITY IT’S A 3 STEP PROCESS.  Step 1 Approve at Local Office.   Step2 Approve at Regional Office.  Step 3 Forward to Austin for payment.  Not withstanding.  Why does it take 50+ days to process an invoice for payment?

And another question.  First email from Hunter is 10/26 stating invoice for Robinette is at the Regional Office for processing….

Author’s note:  It appears Director Fanning has requested an in-house investigation to address the problems I outlined to her.  I really believe it’s going to take an upper echelon visit to look into not only what I addressed, but really come down and open this Pandora's box.  Who knows how many veterans are affected by this malfeasance.  The Regional Director L.R. Burks told me in his last letter that all problems had been addressed and corrective actions taken to preclude further occurrences.  Apparently that is not true.

Amy Thompson called veteran Singleton 12/3/07 and states she couldn’t find his records but would call him back.  12/7/07 Vy, clerk in VR&E office, called him back and stated Amy was out of office. Also stated she couldn’t find his records but would call him back Monday 12/10/07 to talk again.

12/27/07 - Sent Thompson an email inquiring as to whereabouts of $$$$$ 7-10 days from Dec 4th makes Dec 18th.   Is someone lying again?

1/25/08 -  Received call from Grant Swanson…..tries to justify (we process thousands of pieces of paper yearly and occasionally one falls thru the crack…this ENTIRE case has fallen thru the crack repeatedly.

Asks to get copy of Robinette invoice (invoice for the electrician).  I faxed to him.  Grant stated that I am trying to be a surrogate in-between Robinette and the VA…Amy, deputy director VR&E, stated that I or Robinette should contact Finance directly and thus, made me a surrogate in her last email….I never talked to finance, but sent a follow-up letter to Ruth Fanning and Congressman Filner.  Isn’t this VR&E’s job to ensure that the contractors get paid?  Says doesn’t know if there’s anything that can be done but will try……my thoughts…SOMETHING WILL BE DONE….it was still in excess of 30 days when I PAID him.

* All emails and correspondence available upon request.  Approximately 80 pages.

Nearing project completion, another roadblock to completing my ILP project develops at VA Regional Office.  Contractors who complete work are not being paid according to their purchase order contracts.  30 days then 60 days pass and still no payment for services rendered.  Having worked with these contractors, been the recipient of their services, and having developed a relationship with them, morally I just could not sit idly by.  I took out a line of credit loan and pay them, which they returned when they were finally paid by VA.  Three contractors, one ILP project, all not paid as contracted.  Then, instead of correcting the situation, I am chastised by the Regional office and Director Fanning’s office for ‘interfering’.   I can sleep at night though.  However now there are three contractors who will never work for VA again.

During my ordeal I met several disabled veterans who also needed and were qualified for the ILP.     I urged them to apply, but seeing the difficulty I was having and how it was affecting me physically and mentally they opted to wait see if in fact there was an ILP.  It just wasn’t worth their well-being to go through what I was going through.  I had to agree with them.

Once work was finally begun in April 07 and I shared with them the correspondence from the Atlanta Region Director, L.R. Burks, highlighting the changes that were made to prevent future occurrences, did they apply for ILP.  Unfortunately, it appears Director Burks was only paying lip-service to quiet this vet, for the same problems I encountered are still being encountered by disabled veterans as we speak.

Disabled 101st Airborne trooper Donald S. went to the Savannah Outpatient Clinic (OPC) in mid April 07 to obtain an application for ILP services.  He was given VA Form 28-1900, completed and mailed it to VA regional office as instructed.  In August, after no contact, he called the VA regional office in Atlanta and subsequently received a letter from that office stating they had received his application.  Shockingly they also stated he would have to complete VA Form 28-1900 before any action could be taken.  I’m curious how many VA Form 28-1900’s have to be completed before action is initiated?  In November he called again to determine status.  He was advised that a query was sent to St Petersburg for his records.  The response to his question asking whether or not they would follow-up was answered with “we’ll just wait for them to respond, but you can contact them if you wish; here’s the phone number”.  He did their work by calling and was told that office had received nothing from Atlanta.

Also, 100%-disabled 1st Cav, Silver Star (2 awards) recipient James Johnson obtained, completed, and submitted VA Form 28-1900 in April 07.  In January 08, after no response, he again went to Savannah OPC for another form.  He was advised by a case manager it was best to complete the application via the internet.  He stated he would rather have a paper copy to take home for completion and submission.  He was then asked “what, are you computer illiterate?”  Becoming extremely frustrated and agitated, Mr Johnson informed the case manager that he was partially blind from 14 glaucoma operations and wanted a paper copy.  Only then was he provided same.

Just recently, February 08, disabled vet Larry Bacon applied for ILP due to his disabilities.  Just several weeks ago he had an appointment with his case manager, Steve Goist.   This case manager advised this disabled vet that according to his records Mr Bacon was unable to be gainfully employed.  Since Voc Rehab was designed to get vets back to work there was nothing he could do for him.  Mr Bacon told this case manager he was aware of his inability for conventional gainful employment and had applied for ILP.  Mr Goist stated he “would see what I can do and let you know”.  Of course, this is yet another disabled veteran who is expecting to never hear from VA again.

Iraq veteran Santiago, a double amputee, was out briefed by a VA counselor on Fort Stewart.  He was told to apply for Voc Rehab.  As a result of his disabilities Voc Rehab was not a viable option.  I met him recently and thought he was a good candidate for ILP.  He had absolutely no knowledge of ILP and told me of his out-processing experience by VA.  When I called and inquired about ILP with the VA representative on Fort Stewart who was responsible for providing guidance to medically discharged combat veterans, I was told ILP was “some sort of medical thing and I should call the Charleston Medical Center for information”.  She did provide me with their phone number though.

Fortunately when a staffer from Director Fanning’s office was informed of the first two cases I described in January 08 a phone call was placed and immediate attention was provided for these two disabled vets.  Should disabled veterans like Bacon, Santiago, Potane, Baker, Frank, Foster, and others have to make that same call to receive the benefits they paid for with their blood?  Many of these vets and others have opted to just give up.  THE SYSTEM IS BROKE.  Director L.R. Burk, your promises of change weren’t worth the paper they were written on.

These are just a couple of disabled veterans I happened to come in contact with. The repeated experiences mirror each other.  How many other untold numbers of disabled vets need advocates, to get the VA to do their job?

As I network with other disabled veterans and encourage them to apply for their ILP, a benefit which they earned with their broken body and sometime spirit, I realize that not one iota has changed.  Delays, failure to respond to emails, conveniently “lost” paperwork, and unreturned phone messages are the rule rather than the exception.  THE PROBLEM IS SYSTEMIC, from the Director’s office, the Inspector General’s Office, to Regional Headquarters, down to local case managers.

After meeting several disabled veterans from South Carolina, I soon realized the problem is worse there.  After contacting the Regional offices in Charleston and Columbia I’m told by both that “most disabled vets aren’t qualified for ILP” and “we process very few ILP’s”.  This makes me believe the South Carolina ILP program is worse than what is being experienced in Southeast Georgia.  A repeated inquiry to Director Fanning’s office to determine the number of ILP’s  in Georgia and South Carolina is ignored. 

Perhaps this Subcommittee can obtain information Region by Region to determine where the most severe problems exist.  And believe me there are problems.  Malfeasance is being overlooked daily while consequences of ineptitude are being suffered by many disabled veterans. 

Many years ago, in the rice paddies of Vietnam, I aided the wounded.  Now these many years later I have vowed to advocate for these my wounded brothers yet again.  However, it has become a formidable task that needs Congressional involvement.  As American veterans both young and old have fought for you, we need you to fight for us.

Thank You.